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The U.S. government’s interest in protecting U.S. workers is well-established and particularly compelling in current economic conditions. The Department of Labor (DOL) promulgated regulations consistent with standards established by Congress to ensure that U.S. workers are not precluded from employment opportunities in favor of foreign workers. The DOL seeks to achieve its objectives in governing components of two of the most critical processes that employers rely upon to hire and retain foreign workers: the H-1B program, the most popular visa category for temporary professional occupations, and the PERM program, the first step in the permanent residence process for most foreign workers.

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